Railway No-Poach Settlements

Releases

As explained in the Settlement Notices, by remaining in the Settlement Class, you will give up your right to sue Defendants. The full text of each Settlement Release is re-produced below. To view the Settlement Agreements in full, please click here. If you do not wish to release your claims, you must exclude yourself by June 17, 2020 as explained in the Settlement Notices.

KNORR RELEASE

Release and Discharge

37. Upon the Effective Date, each Releasor shall release, acquit, forever discharge and covenant not to sue the Knorr Releasees, their past or present parents, subsidiaries, divisions, affiliates, stockholders, officers, directors, insurers, employees, agents, attorneys, and any of their legal representatives (and the predecessors, heirs, executors, administrators, successors, purchasers, and assigns of each of the foregoing) from all claims, demands, judgment, actions, suits and/or causes of action, whether federal or state, known or unknown, asserted or unasserted, regardless of legal theory, arising in any way from or in any way related to the facts, activities, or circumstances alleged in one or more of the complaints in the Litigation, up to the Effective Date of the Settlement Agreement (the “Release” or “Released Claims”). Each Releasor hereby covenants and agrees that he, she, or it shall not, hereafter, assert a claim or otherwise seek to establish liability against any Released Party based in whole or in part on any Released Claims.

In addition, each Releasor hereby expressly waives and releases, upon this Settlement Agreement becoming final, any and all provisions, rights, or benefits conferred by section 1542 of the California Civil Code, which provides:

A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.

Each Releasor shall further be deemed to have, and shall have, waived any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States, or principle of common law, which is similar, comparable or equivalent to section 1542 of the California Civil Code. Each member of the Settlement Class may hereafter discover facts other than or different from those which he, she or it knows or believes to be true with respect to the Released Claims. Nevertheless, each member of the Settlement Class hereby expressly waives and fully, finally, and forever settles and releases, upon this Settlement becoming final, the Released Claims, whether any Released Claim is known or unknown, suspected or unsuspected, contingent or non-contingent, concealed or hidden, and also forever waives and relinquishes any and all rights and benefits existing under any law or principle of law in any jurisdiction that would limit or restrict the effect or scope of the provisions of the Release set forth above without regard to the subsequent discovery or existence of other different facts.

38. The Release set forth herein shall not release any claims, whether pending or not, whether known or unknown, for product liability, personal injury, breach of warranty, breach of contract, or violation of the Uniform Commercial Code or any other claims that were not or could not have been alleged in the Litigation whatsoever that are not related to the subject matter of the Litigation.

39. Each Plaintiff and each Settlement Class Member who submits a claim to participate in the distribution of the Settlement Fund shall represent and warrant that his, her, or its portion of the Released Claims is his, her, or its property and he, she, or it has not assigned or transferred to any person or entity any right to recovery for any claim or potential claim that would otherwise be released under this Agreement. Each Plaintiff and each Settlement Class Member who submits a claim to participate in the distribution of the Settlement Fund shall further represent and warrant that each of them has a valid and existing right to release such claims and is releasing such claims pursuant to his, her, or its membership in the Settlement Class.

40. Upon the Effective Date, Knorr shall release Plaintiffs, Settlement Class members, and their counsel from any claims relating to the institution, prosecution, or settlement of the pending Action except for claims arising out of breach or enforcement of this Agreement.

WABTEC RELEASE

Release and Discharge

36. Upon the Effective Date, each Releaser shall release, acquit, forever discharge, and covenant not to sue the Wabtec Releasees, their past or present parents, subsidiaries, divisions, affiliates, stockholders, officers, directors, insurers, employees, agents, attorneys, and any of their legal representatives (and the predecessors, heirs, executors, administrators, successors, purchasers, and assigns of each of the foregoing) from all claims, demands, judgment, actions, suits and/or causes of action, whether federal or state, known or unknown, asserted or unasse11ed, regardless of legal theory, arising in any way from or in any way related to the facts, activities, or circumstances alleged in one or more of the complaints in the Litigation, up to the Effective Date of the Settlement Agreement (the "Release" or "Released Claims"). Each Releasor hereby covenants and agrees that he, she, or it shall not, hereafter, assert a claim or otherwise seek to establish liability against any Released Party based in whole or in part on any Released Claims. In addition, each Releasor hereby expressly waives and releases, upon this Settlement Agreement becoming final, any and all provisions, rights, or benefits conferred by section 1542 of the California Civil Code, which provides:

Each Releasor shall further be deemed to have, and shall have, waived any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States, or principle of common law, which is similar, comparable or equivalent to section 1542 of the California Civil Code. Each Named Plaintiff and member of the Settlement Class may hereafter discover facts other than or different from those which he, she, or it knows or believes to be true with respect to the Released Claims. Nevertheless, each Named Plaintiff and member of the Settlement Class hereby expressly waives and fully, finally, and forever settles and releases, upon this Settlement becoming final, the Released Claims, whether any Released Claim is known or unknown, suspected or unsuspected, contingent or non-contingent, concealed or hidden, and also forever waives and relinquishes any and all rights and benefits existing under any law or principle of law in any jurisdiction that would limit or restrict the effect or scope of the provisions of the Release set forth above without regard to the subsequent discovery or existence of other different facts.

37. The Release set forth herein shall not release any claims, whether pending or not, whether known or unknown, for product liability, personal injury, breach of warranty, breach of contract, or violation of the Uniform Commercial Code, or any other claims that were not or could not have been alleged in the Litigation whatsoever that are not related to the subject matter of the Litigation.

38. Each Plaintiff and each Settlement Class Member who submits a claim to participate in the distribution of the Settlement Fund shall represent and wa1nnt that his, her, or its portion of the Released Claims is his, her, or its property and he, she, or it has not assigned or transferred to any person or entity any right to recovery for any claim or potential claim that would otherwise be released under this Agreement. Each Plaintiff and each Settlement Class Member who submits a claim to participate in the distribution of the Settlement Fund shall further represent and warrant that each of them has a valid and existing right to release such claims and is releasing such claims pursuant to his, her, or its membership in the Settlement Class.

39. Upon the Effective Date, Wabtec Defendants shall release Plaintiffs, Settlement Class members, and their counsel from any claims relating to the institution, prosecution, or settlement of the pending Action except for claims arising out of breach or enforcement of this Agreement.